MCAT Self Prep LLC

Electronic Communications Delivery and Electronic Signature Policy

Consent to Electronic Communications Delivery and Electronic Signature Policy

You have entered or are entering into a business relationship with MCAT Self Prep LLC (“MCAT Self Prep”). This policy describes how MCAT Self Prep delivers communications to you electronically to create your MCAT Self Prep’ account (the “Account”), service your Account, agree to and update your contracts and other written agreements, or other communications regarding your Account.  This policy applies to all internet based and mobile phone communications from MCAT Self Prep, including but not limited to email, website, mobile phone, and mobile application.  By electronically signing the contract or any other written agreement, you are confirming that you have agreed to the terms and conditions thereof and you have had had an opportunity to download or print a copy of it for your file (which will also be available when logged into your Account).  MCAT Self Prep may amend this policy at any time by posting a revised version on its website, at which time it will be effective.  Consent to the terms is not a condition of creating an Account with MCAT Self Prep.

Electronic Signature

You acknowledge and agree that your Consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, also known as the E-Sign Act, and that you and MCAT Self Prep each intend that the Act apply to the fullest extent possible to validate MCAT Self Prep’s ability to conduct business with you by electronic means. If federal law is not applicable as determined by a court with jurisdiction over this matter, the parties agree that Missouri law shall apply.

Electronic delivery of communications

You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that MCAT Self Prep provides in connection with your Account and your use of the MCAT Self Prep’ website/live learning platform.  You will receive electronic confirmation of your consent to this policy at the primary email address set forth in your Account.

Communications include:

• contracts you agree to, including updates or amendments to these agreements;
• letters or notices regarding your Account;
• transaction receipts or confirmations;
• Account statements and history;
• federal and state tax statements MCAT Self Prep is required to make available to you; and
• any other Account or transaction information.

MCAT Self Prep will provide these Communications to you by posting them to your Account on the MCAT Self Prep website and/or by emailing them to you at the primary email address listed in your Account.  The Communication may include your name and Account information.  Communications may be available to any party with access to your Account information or hardware or software used to view your Account.

Categories of Electronic Communications

Your consent to review Communications for MCAT Self Prep includes but is not limited to:

• email,
• text messaging,
• text receipts,
• Short Messaging Service (“SMS”),
• facsimile,
• all phone calls,
• telemarketing calls,
• pre-recorded calls, and
• other electronic communication.

This includes communications directed to your email(s) and mobile phone number(s) by MCAT Self Prep included in your Account.  You are responsible for maintaining the confidentiality of your Account information and passwords and for restricting access to your computer and mobile phone.  You agree to accept all responsibility for all activities that occur under your username and password.

Hardware and Software Requirements

 

In order to access and retain Communications, you will need the following computer hardware and software:

• a computer with an Internet connection;
• an up-to-date modern web browser that includes standards based encryption with cookies enabled (visit: http://browsehappy.com/ for a list showing browsers and their current released version);
• a current version of Adobe Acrobat or comparable software to open documents in the .pdf format;
• a valid email address (your primary email address on file with MCAT Self Prep); and
• sufficient storage space to save past Communications or an installed printer to print them.

MCAT Self Prep will notify you if there are any material changes to the hardware or software needed to receive Communications from MCAT Self Prep. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.  While not required to have Communications with MCAT Self Prep, MCAT Self Prep can only provide text messages, emails, and SMS to mobile phones that are equipped to receive such messages and you are consenting to receive such Communications by providing your email and mobile phone number.  While there is no charge by MCAT Self Prep for Communications, text messages and data rates may apply to these Communications for which you are responsible.

 

How to Withdraw Consent

 

You may withdraw your consent to receive Communications by writing to MCAT Self Prep by contacting MCAT Self Prep via the “Contact Us” link at the bottom of each page of the MCAT Self Prep’ website. If you fail to provide or if you withdraw your consent to receive Communications, MCAT Self Prep reserves the right to either deny your application for an Account, restrict or deactivate your Account, close your Account, or charge you additional fees for paper copies.  If you solely want to opt-out of a particular category of Communications, please see the opt-out method included in the particular Communications, including replying “STOP” for SMS and a single-click unsubscribe link at the bottom of an email.

Requesting paper copies of electronic Communications

Upon your request, MCAT Self Prep will send you a paper copy of the contract(s) or other material provided to you electronically pursuant to this Consent. If you would like a paper copy of any of this material please write to MCAT Self Prep LLC.  There will be no charge for a paper copy of this material.

Electronic Signatures

You acknowledge that by clicking on the “I Accept”, the “Submit” or similar button on MCAT Self Prep’ website, you are indicating your intent to sign the relevant document or record and that this shall constitute your signature.

Updating your contact information

It is your responsibility to keep your primary email address and mobile phone number up to date so that MCAT Self Prep can communicate with you electronically. You understand and agree that if MCAT Self Prep sends you a Communication but you do not receive it because your primary email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Communications, MCAT Self Prep will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add MCAT Self Prep to your email address book so that you will be able to receive the Communications MCAT Self Prep send to you.

You can update your primary email address, mobile phone number, or street address at any time by logging into the MCAT Self Prep’ website and modifying your profile. If your email address or mobile phone number becomes invalid such that Communications sent to you by MCAT Self Prep are returned, MCAT Self Prep may deem your Account to be inactive, and you will not be able to transact any activity using your Account until MCAT Self Prep receives a valid, working primary email address or mobile phone number from you.

Authorization to be Contacted by MCAT Self Prep/Withdrawal of Consent

You authorize MCAT Self Prep to call you for transactional or relationship purposes (that is, notices to facilitate the transaction or the relationship such as (1) suspected fraud or identity theft; (2) obtaining information necessary for MCAT Self Prep to service your Account; (3) collecting on your Account; (4) notifying you as to important issues regarding your Account) at any telephone/mobile phone number or email address you provide.  Such calls could be made using an automatic telephone dialing system or prerecorded voice.

MCAT Self Prep may also send you transactional or relationship messages by SMS text message at any mobile number you provide and you authorize MCAT Self Prep sending any SMS test messages through your communication service provider.  Such texts may be made using an automatic telephone dialing system.  MCAT Self Prep will not charge you a fee for sending SMS text messages, but your communication service provider may.  You agree to pay any fee(s) or charges(s) that you may incur for incoming and outgoing text messages from or to us or our assigns, successors, servicers or agents, without reimbursement from MCAT Self Prep or them.

You may withdraw your consent to receive SMS text messages by texting STOP to the message you receive.  At MCAT Self Prep’ option, MCAT Self Prep may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number as a withdrawal of your consent to receive SMS text messages.  MCAT Self Prep will not impose any fee to process the withdrawal of your consent to receive SMS text messages.  Any withdrawal of your consent to receive SMS text messages will be effective only after MCAT Self Prep have a reasonable period of time to process your withdrawal.

Miscellaneous

You agree to indemnify, defend, and hold MCAT Self Prep harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance.  Your obligations under this paragraph shall survive termination of the Agreement.  MCAT Self Prep will not be liable for losses or damages arising from any delay in delivery or disclosure of account information to third parties by your communication service provider. MCAT Self Prep may modify or terminate its text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other user or a third party.